Heintzman ADR will offer you and your clients efficient and effective dispute resolution services based on over 40 years’ experience in complex commercial disputes and construction law.

Arbitration Place provides hearing and meeting rooms in a modern environment, offering the latest technology combined with convenient breakout facilities, court reporters, catering facilities, secretarial assistance to accommodate a wide variety of needs. It is an ideal place to conduct mediations and arbitrations. For more information see www.arbitrationplace.com.

Helping you with ADR solutions

You may contact Tom Heintzman to discuss his potential appointment as an arbitrator or mediator, or if you have any questions about ADR and the dispute resolution process.

This site is organized to help you find the information you may require. Please click on the headings to find the following information:

About Thomas Heintzman:
Contains detailed information on his career, background, areas of expertise, landmark cases, etc. This information can be used to assist in your decision as to whether his experience is appropriate for your matter.

About Alternative Dispute Resolution:
This section contains information about mediation and arbitration and the advantages of these forms of dispute resolution. Also included are draft agreements relating to the retention of an arbitrator or mediator. These drafts are not presented as final agreements, but to identify the issues that should be considered in finalizing an agreement.

About Articles on Recent Cases:
Under this heading you will find discussions and analyses by Tom concerning recent court decisions relating to arbitration, mediation and construction law. The articles are also organized by subject matters, so you may conduct your search by category of subject matter. You can also use the search button at the top of the home page to find articles on specific subjects.

About Construction Law:
You can link to Tom’s construction law site at www.constructionlawcanada.com. As the author of Heintzman and Goldsmith on Canadian Building Contracts, Tom has a particular interest and expertise in construction law.

The analysis of cases found on both websites offers a comprehensive resource for you to keep up with ADR and Construction law. Please note that discussions and articles represent Tom’s personal views and do not constitute legal advice.

In South Coast British Columbia Transportation Authority v. BMT Fleet Technology Ltd. 2017 CarswellBC 2587, 2017 BCSC 1683, the British Columbia Supreme Court recently held that a single notice purporting to commence several arbitrations against several respondents was procedural invalid. However, the notice was not totally void and could be amended by the applicant to […]

In its recent decision in Newfoundland and Labrador v. ExxonMobil Canada Properties, 2017 NLTD(G) 147, the Supreme Court of Newfoundland and Labrador decided a number of issues relating to the review of arbitral awards. In particular, the court held that the parties may limit the scope of court review of arbitral awards provided by the […]

This question seems very straightforward, but when the Arbitration Act provides several rights of appeal, depending on what the parties have or have not agreed upon, then which of those rights of appeal apply? Only the right to appeal that applies if the parties have not agreed to further rights of appeal? Or, all the […]

The Supreme Court of Canada has recently re-examined the issue of whether a statutory and contractual interpretation by an arbitral tribunal may be appealed. The court re-iterated the principle that arbitral awards are not appealable on a question of law when in reality the question is one of mixed fact and law. On this basis, […]

Arbitrators are mortal. They may make mistakes in issuing their awards. In what circumstances may they correct an award? The scope of the authority of an arbitral tribunal to alter its award after the issuance of the award has been examined in a recent Scottish case – NKT Cables A/S v. SP Power Systems Limited, […]

On March 22, 2017, a new International Commercial Arbitration Act, 2017 came into force in Ontario (the 2017 ICAA). The 2017 ICAA is contained in Schedule 5 to the Burden Reduction Act, 2017, SO 2017, c. 2.. The 2017 ICCA replaces the existing Ontario International Commercial Arbitration Act, RSO 1990, c I.9 (the Old ICAA). […]

In 625805 Ontario Ltd. v. Silverwood Flooring Inc., the Ontario Court of Appeal has recently held that the discovery of facts following a mediation had the effect of extending the limitation period. This decision has an important impact on the limitation period for all claims, and particularly claims arising from building projects, in which the […]

In Ledore Investments Ltd. v. Ellis-Don Construction Ltd., the Ontario Superior Court has recently held that a letter from a contractor to a subcontractor stating that “we intend to recover these costs from you” was a sufficient notice to the subcontractor to satisfy the notice provision of the building contract. Accordingly, the court set aside […]

In Haas v. Gunasekaram, 2016 ONCA 744, the Ontario Court of Appeal recently held that claims in tort and fraud, and resulting claims to set aside the agreement between the parties, were within the jurisdiction of the arbitral tribunal under an arbitration agreement. Accordingly, the court action between the parties was stayed. This decision is […]

In, Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co, 2016 SCC 37, the Supreme Court of Canada has held that the interpretation of a standard form contract is a matter of law alone, and not a matter of mixed fact and law. Accordingly, it is not sufficient for a judge to arrive at a reasonable […]